INTRODUCTION
In a significant win for luxury brands in India, the Delhi High Court has declared the three – dimensional shape of Hermès’s iconic Birkin bag together with three Hermès word/ stylised marks as “well – known” trademarks under the Trade Marks Act, 1999. The single judge bench consisting of Justice Tejas Karia on November 24, 2025 delivered the order, which arose from a suit brought by Hermès International against Macky Lifestyle Pvt. Ltd., which claimed that the design was being copied online without permission, using an identical layout. The declaration strengthened Hermès’ legal footing to prevent imitation and passing off in the Indian market.
BACKGROUND
Hermès sought a formal judicial declaration that the Birkin’s distinctive 3D silhouette, the plain word mark “HERMÈS” and two stylised logos qualify as well – known marks under Section 2(1)(zg) read with Section 11(6) of the Trade Marks Act, 1999. To prove the status of the plaintiff, they placed on record extensive global evidence – trademark registrations across jurisdictions, long – standing use, global media recognition, marketing spends and expert material on the bag’s iconic standing in fashion circles. But on the other side the defendant denied having manufactured or sold infringing Birkin – style bags and disputed factual assertions about actual sales. The Court nevertheless found the preponderant evidence persuasive on the well – known issue.
KEY POINTS
- The recent Delhi Court ruling has officially recognised the distinctive three – dimensional shape of the Birkin Bag and the Hermès word mark as two associated stylised Hermès logos and as well – known trademarks under Section 2(1)(zg) and Section 11(6) of the Trade Marks Act, 1999.
- Hermès submitted extensive material such as international trademark registrations, long – standing commercial use, media coverage, brand valuation reports, and global consumer recognition which was sufficient to prove that Birkin design and Hermès marks enjoy distinctive goodwill worldwide.
- The Court ruled that the unique shape of the Birkin Bag’s functions as a distinctive source identifier rather than merely a functional production design and thus are eligible for trademark protection under the Trade Marks Act, 1999. The marks were found to have a high degree of inherent and acquired distinctiveness.
- Therefore by granting status, the Court has expanded Hermès’ ability to act against counterfeits, lookalikes, shape – based copying, and dilution of brand identity. The ruling also puts online and offline sellers on notice that unauthorised reproduction of such protected trade dress invites strict legal consequences.
RECENT DEVELOPMENTS
The Delhi High Court’s Hermès ruling follows a string of Indian decisions where courts have increasingly used Section 11(6) and Section 2(1)(zg) to recognise heritage brands as well – known even where use in India is limited, emphasising global reputation and consumer recognition as relevant factors. Earlier in 2005 the same Court declared “TAJ” as a well – known mark in the hospitality sector, illustrating the judiciary’s readiness to protect brand equity through declaratory relief under the Trade Marks Act, 1999. These decisions also echo the statutory note that use or registration in India is not an absolute prerequisite for well – known status; the Registrar/ Courts may weigh global reputation and public perception as persuasive indicators. Practically, the Hermès decision will be cited in future disputes over 3D shapes and luxury – goods protection, and may influence how the Trademark Registry and lower Courts assess evidence of international fame.
CONCLUSION
The Delhi High Court’s declaration that the Birkin’s silhouette and associated Hermès marks are well-known trademarks reinforces India’s evolving protection for globally recognised brands. For luxury houses, the ruling provides a clear judicial pathway to seek prophylactic protection against imitation; for Indian traders and e-commerce platforms it is a reminder that product-shape and trade dress claims can attract elevated protection where fame and recognition are proven. Going forward, this judgment will likely be an important precedent in balancing anti-counterfeiting enforcement with the registrability and policing of non-traditional marks in India.
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WRITTEN BY- SUSMITA ROYCHOWDHURY
